September 2, 2015

Exemption No. 12706

Regulatory Docket No. FAA−2015−0878

Mr. Jonathan Rupprecht

Rupprecht Law P.A.

Counsel for Intelligent Imagery, LLC

324 Datura Street, Suite 200

West Palm Beach, FL 33401

Dear Mr. Rupprecht:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letters dated March 30, June 2, and July 2, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Intelligent Imagery, LLC (hereinafter petitioner or 

operator) for an exemption. The petitioner requested to operate an unmanned aircraft system 

(UAS) to conduct aerial data collection, closed-set film and television production, flight 

instruction, search and rescue, education, and research and development.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2, DJI Phantom 2 Vision+, DJI 

Phantom 3 Advanced, DJI Phantom 3 Professional, DJI S900, DJI S1000, and DJI Inspire 1.
2

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1and closed set motion picture and 

filming. The FAA has issued grants of exemption in circumstances similar in all material 

respects to those presented in your petition. In Grants of Exemption Nos. 11062 to Astraeus 

Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 

11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), the FAA found that the 

enhanced safety achieved using an unmanned aircraft (UA) with the specifications described 

by the petitioner and carrying no passengers or crew, rather than a manned aircraft of 

significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA 

good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Intelligent Imagery, LLC is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection 

and closed set motion picture and filming. This exemption is subject to the conditions and 

limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Conditions and Limitations

In this grant of exemption, Intelligent Imagery, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2, 

DJI Phantom 2 Vision+, DJI Phantom 3 Advanced, DJI Phantom 3 Professional, DJI 

S900, DJI S1000, and DJI Inspire 1 when weighing less than 55 pounds including 

payload. Proposed operations of any other aircraft will require a new petition or a 

petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 
4

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
6

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
7

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Rupprecht Law P. A. 

324 Datura Street, Suite 200 | West Palm Beach, FL 33401 

P: (561) 222-6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com 

March 30, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE, 

West Building Ground Floor, Room W12-140,

Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and 

Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and 

(5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 91.417(a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 C.F.R. Part 11, Intelligent Imagery, LLC, an operator of Small Unmanned Aircraft (UA) hereby 

applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of its UA, so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333.

QUICK REFERENCE SUMMARY:

 Types of aircraft to be flown: 

o DJI Phantom 1,

o DJI Phantom 2,

o DJI Phantom 3,

o DJI S900,

o DJI Inspire.

 The operations will be for:

o Aerial filming and inspections (previously granted under Exemption # 11221 for 

MicroCopter Professional Services, Inc.) We understand aerial filming to include real 

estate photography.

o Mapping (Exemption # 11213 for Aeryon Labs, Inc.), 

o Performing market research (Exemption # 11213 for Aeryon Labs, Inc.),
2

o Aerial data collection1(Exemption # 11213 for Aeryon Labs, Inc.),

 We have a commercial pilot who will operate the drone. 

 We already agree to all the restrictions listed in Exemption # 11221 so an examiner can quickly 

copy-paste the granted exemption.

Intelligent Imagery, LLC requests that the publication and comment procedures be waived in 

accordance with 14 C.F.R. § 11.87 which states:

§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my 

petition for exemption?

The FAA may not publish a summary of your petition for exemption and request comments if 

you present or we find good cause why we should not delay action on your petition. The factors 

we consider in deciding not to request comment include:

(a) Whether granting your petition would set a precedent. 

(b) Whether the relief requested is identical to exemptions granted previously. 

(c) Whether our delaying action on your petition would affect you adversely. 

(d) Whether you filed your petition in a timely manner.

Corresponding to the above sub-sections, Intelligent Imagery, LLC has good cause to request the 

FAA to waive the comment period and not delay action on the petition because:

(a) Intelligent Imagery, LLC would not set any precedent. Intelligent Imagery, LLC agrees to the 

almost SAME exact limitations as Exemption # 11221.

(b) Intelligent Imagery, LLC agrees to the almost SAME exact limitations as Exemption # 11221, 

except we would like to add the Phantom 2 base model which has been granted in other 

exemptions and the Phantom 3 base model.

(c) Delaying the granting of this petition would adversely affect the public, the FAA, and 

Intelligent Imagery, LLC. The public, as well as the FAA, would be better served by the FAA 

quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include 

imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical 

measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA. From Exemption 

# 11213.
3

inspectors to dedicate their time and attention to much higher priorities. Moreover, Intelligent 

Imagery, LLC is eagerly seeking to start commercial operations and is adversely affected by the 

above listed regulations.

(d) The petition has been filed in a timely manner.

Petitioner’s contact info:

Intelligent Imagery, LLC 

Attn: Brent Dillon

Phone: 561-350-8945

Email: ebrentdillion@gmail.com

Address: 8129 Emerald Winds Circle, Boynton Beach, FL 33473

Rupprecht Law, P.A.

Attn: Jonathan Rupprecht

Phone: 561-222-6979

Email: jon@jrupprechtlaw.com

Address: 324 Datura Street, Suite 200, West Palm Beach, Florida 33401

Regulations from which the exemption is requested:

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) & (2)

 14 C.F.R. § 91.417(a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) 

before completion of the rulemaking required under Section 332 of the FAA Modernization and Reform 

Act. In making this determination, the Secretary is required to determine which types of UA do not 
4

create a hazard to users of the NAS or the public or pose a threat to national security in light of the 

following:

 The UA’s size, weight, speed, and operational capability;

 Operation of the UA in close proximity to airports and populated areas; and,

 Operation of the UA within visual line of sight of the operator (VLOS).2

Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system." Id. § 333(c) (emphasis added).3

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of 

the Act that includes UAS’s, from the requirement that all civil aircraft must have a current 

airworthiness certificate.

“The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49 U.S.C. § 44711(b).

OPERATING DOCUMENTS

Intelligent Imagery, LLC will operate only within the limitations below and also under the DJI 

Phantom 1 User’s Manual, the DJI Phantom 2 User’s Manual, DJI Phantom 3 User’s Manual, the DJI 

Inspire User’s Manual, and the DJI S900 User’s Manual.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein applies to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at least an 

equivalent or even higher level of safety to operations under the current regulatory structure.

 

2

 Reform Act § 333(a).

3 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions 

under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined 

that the conditions set forth herein do not fulfill the statutory requirements for approval.
5

These limitations and conditions, almost identical to Exemption # 11221. Intelligent Imagery, 

LLC agrees to be bound when conducting commercial UA operations. Additions will be underlined and 

in bold. Deletions will be striked-through. The list of limitations and conditions include the following:

1. Operations authorized by this grant of exemption are limited to the Tarot T-15 

(octocopter), Tarot 960 and Tarot 690 (hexacopters) DJI Phantom 1, 2, and 3; DJI 

Inspire; and DJI S900 when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the aircraft 

manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or U.S. 

driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the 

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The 

VO and PIC must be able to communicate verbally at all times. Electronic messaging or 

texting is not permitted during flight operations. The PIC must be designated before the 
6

flight and cannot transfer his or her designation for the duration of the flight. The PIC 

must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations 

in accordance with the conditions and limitations stated in this grant of exemption, are 

hereinafter referred to as the operating documents. The operating documents must be 

accessible during UAS operations and made available to the Administrator upon request. 

If a discrepancy exists between the conditions and limitations in this exemption and the 

procedures outlined in the operating documents, the conditions and limitations herein 

take precedence and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operating documents. The operator may update or revise its

operating documents. It is the operator’s responsibility to track such revisions and present 

updated and revised documents to the Administrator or any law enforcement official upon 

request. The operator must also present updated and revised documents if it petitions for 

extension or amendment to this grant of exemption. If the operator determines that any 

update or revision would affect the basis upon which the FAA granted this exemption, 

then the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates 

or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such a 

manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in 

a condition for safe operation.
7

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS 

is in a condition for safe flight. The pre-flight inspection must account for all potential 

discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals 

a condition that affects the safe operation of the UAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed and the UAS is found to 

be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, 

private, recreational, or sport pilot certificate. The PIC must also hold a current FAA 

airman medical certificate or a valid U.S. driver’s license issued by a state, the District of 

Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC 

must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft 

in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability 

to safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC qualification 

flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). 

Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, 

and experience-building) and determining the PIC’s ability to safely operate the UAS in a 

manner consistent with how the UAS will be operated under this exemption are permitted 

under the terms of this exemption. However, training operations may only be conducted 

during dedicated training sessions. During training, proficiency, and experience-building 

flights, all persons not essential for flight operations are considered nonparticipants, and 
8

the PIC must operate the UA with appropriate distance from nonparticipants in 

accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted 

with an ARP, the center of the airport symbol as denoted on the current FAA published 

aeronautical chart, unless a letter of agreement with that airport’s management is obtained 

or otherwise permitted by a COA issued to the exemption holder. The letter of agreement 

with the airport management must be made available to the Administrator or any law 

enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to 

predetermined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the intended 

operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The exemption 

holder may apply for a new or amended COA if it intends to conduct operations that 

cannot be conducted under the terms of the attached COA.
9

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (N

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as 

large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at 

the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities 

at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator must 

ensure that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 500 

feet of the UA, flight operations must cease immediately in a manner ensuring the 

safety of nonparticipating persons; and,

b. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a safety 

assessment of the risk of operating closer to those objects and determined that it 

does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons 

under this exemption.
10

27. All operations shall be conducted over private or controlled-access property with

permission from the property owner/controller or authorized representative.

Permission from property owner/controller or authorized representative will be obtained 

for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to 

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported 

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 

If this exemption closed-set motion picture and television filming and production, the following 

additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as 

documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption 

must submit a written Plan of Activities to the local Flight Standards District Office 

(FSDO) with jurisdiction over the area of proposed filming. The 3-day notification may 

be waived with the concurrence of the FSDO. The plan of activities must include at least 

the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation

of the UAS;

d. Make, model, and serial or N-Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;
11

f. A statement that the operator has obtained permission from property owners

and/or local officials to conduct the filming production event; the list of those

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city,

town, county, and/or state over which filming will be conducted and the altitudes

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons

consenting to be involved and necessary for the filming production, as specified in the

exemption holder’s MPTOM.

STATUTORY CRITERIA PROVIDED IN SECTION 333 

The Federal Aviation Act (49 U.S.C.§ 44701 (f)) and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and populated 

areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated 

without an airworthiness certificate and under the restrictions proposed will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without 

the restrictions and conditions proposed.

Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, 

there is no ability or place to carry certification and registration documents or to display them on the 

unmanned aircraft. An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the UA will have immediate access to them. Given the size 

of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a 

font as possible.
12

14 C.F.R. § 61.23(a) & (c): MEDICAL CERTIFICATES

Exemption # 11221, granted to MicroCopter Professional Services, Inc, provided that a U.S. 

driver’s license could be used in lieu of the medical certificate. 

14 C.F.R. § 61.101(E)(4) & (5): RECREATIONAL PILOT PRIVILEGES AND LIMITATIONS & 14 C.F.R.

§ 61.315(A): SPORT PILOT LIMITATIONS.

Exemption # 11221, granted to MicroCopter Professional Services, Inc, provided that the 

“PIC must hold either an airline transport, commercial, private, recreational, or sport pilot 

certificate.” Likewise, Intelligent Imagery, LLC is also performing commercial UAS work and is 

asking for the same restrictions which have been previously deemed to provide an equivalent level 

of safety as the burdensome regulations. 

14 C.F.R. § 61.113 (a) & (b): PRIVATE PILOT PRIVILEGES AND LIMITATIONS: PILOT IN 

COMMAND.

Sub-sections 61.113(a) limit private pilots to non-commercial operations. Because the UAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to have a private pilot's 

license rather than a commercial pilot's license to operate this small UAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on 

board. 

14 C.F.R. § 91.7(a): CIVIL AIRCRAFT AIRWORTHINESS.

Exemption # 11224 granted to NextEra Energy, Inc. determined that the DJI Phantom 2 

Vision +, DJI Inspire, and DJI S900 were previously determined in other exemptions to not be 

required to have an airworthiness certificate based upon the authority of Section 333 of the FAA 

Modernization and Reform Act of 2012. Other exemptions have also determined that the Phantom 2 

platform does not need an airworthiness certificate. See Exemption # 11220 for Aerial Production 

Services, Inc. The Phantom 3 platform is similar to the Phantom 2 and should not need an 

airworthiness certificate. 
13

14 C.F.R. § 91.119: MINIMUM SAFE ALTITUDES

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. 

Because of the lack of flammable fuel, any risk associated with these operations is far less 

than those presently presented with conventional aircraft operating at or below 500 AGL. In 

addition, the low-altitude operations of the UAS will ensure separation between these small UAS 

operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. § 91.121: ALTIMETER SETTINGS

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter 

setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the operating manuals.

14 C.F.R. § 91.151(A): FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing, and, assuming normal cruising speed - (1) During the day, to fly after that 

for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."

The battery powering the UAS provides approximately 40 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 C.F.R. § 91.151, UAS flights would be limited to approximately 

10 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR 

conditions is reasonable.

Applicant believes that an equivalent level of safety can be achieved by limiting the PIC from 

beginning a UAS flight unless (considering wind and forecast weather conditions and assuming normal 
14

cruising speed) “there is enough available power for the UA to conduct the intended operation and to 

operate after that for at least five minutes or with the reserve power recommended by the manufacturer 

if greater.” Exemption # 11224, at page 9.

14 C.F.R. § 91.405 (a); § 407 (a) (1); § 409 (a) (2); § 417(a) & (b): MAINTENANCE INSPECTIONS

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter..." and 

others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. An equivalent level of safety will be achieved because these 

small UAS’s are very limited in size and will carry a small payload and operate only in restricted areas 

for limited periods of time. Moreover, the operator is the person most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

CONCLUSION:

The operation of Intelligent Imagery, LLC using a small UAS, weighing less than 55 lbs., conducted 

under the proposed restrictions outlined above, will provide an equivalent level of safety supporting the 

grant of the exemptions requested herein. 

If I can be of any assistance to further expedite this petition, please do not hesitate to contact me at 

(561)222-6979 or at my email jon@jrupprechtlaw.com. 

Sincerely yours,

_____________________

Jonathan Rupprecht, Esq.
Rupprecht Law P. A. 

324 Datura Street, Suite 200 | West Palm Beach, FL 33401 

P: (561) 222-6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com 

June 2, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE, 

West Building Ground Floor, Room W12-140,

Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and 

Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and 

(5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 91.417(a) & (b).

PETITION FOR EXEMPTION

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 C.F.R. Part 11, Intelligent Imagery, LLC, an operator of Small Unmanned Aircraft (UA) hereby 

applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of its UA.

TABLE OF CONTENTS

I. QUICK REFERENCE SUMMARY ....................................................................................................... 3

II. INTELLIGENT IMAGERY, LLC REQUESTS THAT THE PUBLICATION AND COMMENT 

PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87.......................................... 5

III. FEDERAL REGISTER SUMMARY ................................................................................................... 6

IV. PETITIONER’S CONTACT INFO: ..................................................................................................... 7

V. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED ............................................ 7

VI. OPERATING DOCUMENTS .............................................................................................................. 7

VII. STATUTORY AUTHORITY TO GRANT THIS PETITION............................................................. 8

VIII. EQUIVALENT LEVEL OF SAFETY............................................................................................... 9

IX. REGULATIONS FROM WHICH EXEMPTION IS NEEDED ........................................................ 16

A. 14 C.F.R. § 61.23(a) & (c): Medical Certificates........................................................................... 16
2

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 

61.315(a): Sport Pilot Limitations......................................................................................................... 16

C. 14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot In Command. .................. 16

D. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.......................................................................... 16

E. 14 C.F.R. § 91.119: Minimum Safe Altitudes................................................................................ 17

F. 14 C.F.R. § 91.121: Altimeter Settings.......................................................................................... 17

G. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions..................................... 17

H. 14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): Maintenance 

Inspections............................................................................................................................................. 18

X. CONCLUSION.................................................................................................................................... 18
3

I. QUICK REFERENCE SUMMARY

 Types of aircraft to be flown: 

o Phantom 2 (Previously granted in Exemption No. 11699)

o Phantom 2 Vision + (Previously granted in in Exemption No. 11218)

o Phantom 3

 Professional

 Advanced

o DJI S900 (Previously granted in Exemption No. 11697)

o DJI S1000 (Previously granted in Exemption No. 11554)

o DJI Inspire (Previously granted in Exemption No. 11607)

 The operations will be for:

o Aerial data collection,1

o Closed-set film/television production, (MPTOM will be submitted confidentially)

o Flight instruction,

o Search and Rescue,

o Education, and 

o Research and development.

 The petitioner will operate under the restrictions listed below and those in the manufacturer’s 

manual. 

o Phantom 2

 Phantom 2 User Manual (EN) v1.4 http://download.djiinnovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.

zip

o Phantom 2 Vision +

 Phantom 2 Vision+ User Manual (EN) v1.8 http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus

_User_Manual_v1.8_en.zip

o Phantom 3

 Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0 http://download.djiinnovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_Safety_Gu

idelines_en.zip

 

1

“Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include 

imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical 

measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.” Exemption No. 

11482
4

 Phantom 3 Safety Guidelines and Disclaimer http://download.djiinnovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.zip

 Professional

 Phantom 3 Professional Quick Start Guide (EN) v1.0 http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quic

k_Start_Guide_en.zip

 Phantom 3 Professional User Manual (EN) v1.2 http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User

_Manual_v1.2_en.zip

 Phantom 3 Professional In the Box http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_In_t

he_Box_en.zip

 Advanced

 Phantom 3 Advanced Quick Start Guide (EN) v1.0 http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Advanced_Quick

_Start_Guide_en.zip

 Phantom 3 Advanced User Manual (EN) v1.2 http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_

Manual_v1.2_en.zip

 Phantom 3 Advanced In the Box http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Advanced_In_the

_Box_en.zip

o DJI S900

 S900 User Manual v1.2 http://download.djiinnovations.com/downloads/s900/en/S900_User_Manual_v1.2_en.zip

o DJI S1000

 S1000 Manual http://www.dji.com/product/spreading-wings-s1000/download

 A2 Flight Controller Manual http://download.djiinnovations.com/downloads/a2/en/A2_Quick_Start_Guide_v1.04_en.pdf

o DJI Inspire 

 Inspire Manual http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

 We already agree to all the restrictions listed in Exemption # 11284 which are listed below.
5

II. INTELLIGENT IMAGERY, LLC REQUESTS THAT THE PUBLICATION AND COMMENT

PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87.

§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my 

petition for exemption?

The FAA may not publish a summary of your petition for exemption and request comments if 

you present or we find good cause why we should not delay action on your petition. The factors 

we consider in deciding not to request comment include:

(a) Whether granting your petition would set a precedent. 

(b) Whether the relief requested is identical to exemptions granted previously. 

(c) Whether our delaying action on your petition would affect you adversely. 

(d) Whether you filed your petition in a timely manner.

Corresponding to the above sub-sections, Intelligent Imagery, LLC has good cause to request the 

FAA to waive the comment period and not delay action on the petition because:

(a) Intelligent Imagery, LLC would not set any precedent. Intelligent Imagery, LLC Intelligent 

Imagery, LLC agrees to the SAME exact limitations as Exemption # 11284. Furthermore, all of 

the aircraft, except for the Phantom 3, have already been evaluated under previous petitions and

are deemed to have the equivalent level of safety if operated under the restrictions hereto already 

agreed upon.

(b) Intelligent Imagery, LLC agrees to the SAME exact limitations as Exemption # 11284.

(c) Delaying the granting of this petition would adversely affect the public, the FAA, and 

Intelligent Imagery, LLC The public, as well as the FAA, would be better served by the FAA 

quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA 

inspectors to dedicate their time and attention to much higher priorities. Moreover, Intelligent 

Imagery, LLC is adversely affected by the below listed regulations.
6

(d) The petition has been filed in a timely manner.

III. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed.

Applicant seeks an exemption from the following rules:

14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 

91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b) to operate 

commercially a small unmanned vehicle (55 lbs. or less) for aerial data collection and 

film/television production, flight instruction, search and rescue, education, and research and 

development.

This exemption will allow commercial operations of UA’s which will enhance safety by 

reducing risk. The alternative to using a UA is to use a jet or piston power aircraft carrying large

amounts of jet A or other fuel. Not only is the operation dangerous at the location, the aircraft 

must fly to the location and back to the home airport. Our UA will weigh less than 55 lbs. and 

powered by batteries which eliminates most of the risk because no highly flammable fuel will be 

involved. The UA will carry no passengers or crew; thus, eliminating most of the risk to the pilot 

and personnel. The operations of the UA listed under the restrictions proposed herein will 

provide an equivalent level of safety as the Federal Aviation Regulations.
7

IV. PETITIONER’S CONTACT INFO:

Intelligent Imagery, LLC

Attn: Brent Dillon

Email: ebrentdillion@gmail.com

Address: 8129 Emerald Winds Circle, Boynton Beach, FL 33473

V. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

 14 C.F.R. § 61.23(a) and (c)

 14 C.F.R. § 61.101(e)(4) and (5)

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 61.315(a)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) & (2)

 14 C.F.R. § 91.417(a) & (b)

VI. OPERATING DOCUMENTS

Intelligent Imagery, LLC will operate only within the limitations below and the limitations listed 

in the user manuals listed in the quick reference summary above and the confidentially submitted 

MPTOM. The limitations below, from the previously granted exemption, will be followed if there is a 

conflict with the manufacturer’s user manual or MPTOM.
8

VII. STATUTORYAUTHORITY TO GRANT THIS PETITION

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of 

the Act that includes UAS’s, from the requirement that all civil aircraft must have a current 

airworthiness certificate. “The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the 

Administrator finds the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49 U.S.C. §

44711(b).

This exemption petition is expressly submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the FAA Modernization and Reform Act of 2012. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate safely in the national 

airspace system (NAS) before completion of the rulemaking required under Section 332 of the FAA 

Modernization and Reform Act. In making this determination, the Secretary is required to determine 

which types of UA do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following:

 The UA’s size, weight, speed, and operational capability;

 Operation of the UA in close proximity to airports and populated areas; and,

 Operation of the UA within visual line of sight of the operator (VLOS).2

If the Secretary determines that such vehicles "may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system." Id. § 333(c) (emphasis added).3The FAA has already established requirements for 

summary grants which will be further discussed below.

 

2

 FAA Modernization and Reform Act of 2012 at § 333(a).

3 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions 

under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined 

that the conditions set forth herein do not fulfill the statutory requirements for approval.
9

VIII. EQUIVALENT LEVELOF SAFETY

The applicant proposes that the exemption requested herein applies to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at least an 

equivalent or even higher level of safety to operations under the current regulatory structure.

These limitations and conditions are identical to Exemption # 11284 except for the difference in 

aircraft. Intelligent Imagery, LLC agrees to be bound when conducting commercial UA operations. The 

list of limitations and conditions include the following:

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2, Phantom 2 

Vision Plus, Phantom 3 Advanced and Professional, Inspire, S900, and S1000 when weighing 

less than 55 pounds including payload. Proposed operations of any other aircraft will require a 

new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine compliance 

with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than 

the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued airman medical certificate or U.S. driver’s 

license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual 

line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be 

able to communicate verbally at all times; electronic messaging or texting is not permitted 
10

during flight operations. The PIC must be designated before the flight and cannot transfer his 

or her designation for the duration of the flight. The PIC must ensure that the VO can perform 

the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in 

accordance with the conditions and limitations stated in this grant of exemption, are 

hereinafter referred to as the operating documents. The operating documents must be 

accessible during UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations in this exemption and the 

procedures outlined in the operating documents, the conditions and limitations herein take 

precedence and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its operating 

documents. It is the operator’s responsibility to track such revisions and present updated and 

revised documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension or 

amendment to this grant of exemption. If the operator determines that any update or revision 

would affect the basis upon which the FAA granted this exemption, then the operator must 

petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS80) may be contacted if questions arise regarding updates or revisions to the operating 

documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight prior to conducting further operations under this exemption. Functional 

test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from 

other people. The functional test flight must be conducted in such a manner so as to not pose 

an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation.
11

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in 

a condition for safe flight. The pre-flight inspection must account for all potential 

discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a 

condition that affects the safe operation of the UAS, the aircraft is prohibited from operating 

until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, 

private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman 

medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, 

Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet 

the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is 

rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated under this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from persons, vessels, vehicles and structures. PIC qualification flight hours and 

currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the 

purposes of training the operator’s PICs and VOs (training, proficiency, and experiencebuilding) and determining the PIC’s ability to safely operate the UAS in a manner consistent 

with how the UAS will be operated under this exemption are permitted under the terms of 

this exemption. However, training operations may only be conducted during dedicated 

training sessions. During training, proficiency, and experience-building flights, all persons 
12

not essential for flight operations are considered nonparticipants, and the PIC must operate 

the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights under 

special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with 

an ARP, the center of the airport symbol as denoted on the current FAA published 

aeronautical chart, unless a letter of agreement with that airport’s management is obtained or 

otherwise permitted by a COA issued to the exemption holder. The letter of agreement with 

the airport management must be made available to the Administrator or any law 

enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return t predetermined 

location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough available power for the UA to conduct the intended operation and 

to operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations 

shall be conducted in accordance with an ATO-issued COA. The exemption holder may 

apply for a new or amended COA if it intends to conduct operations that cannot be conducted 

under the terms of the attached COA.
13

22. All aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N Number) markings 

in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the 

Ground Control Station of the UAS any time the aircraft is operating. These documents must 

be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at 

all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from 

the UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately in a manner ensuring the safety of nonparticipating 

persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for 

operating closer to those objects and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons 

under this exemption.

27. All operations shall be conducted over private or controlled-access property with permission 

from the property owner/controller or authorized representative. Permission from property 
14

owner/controller or authorized representative will be obtained for each flight to be 

conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

For the purpose of closed-set motion picture and television filming and production, the following 

additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as 

documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must 

submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with 

jurisdiction over the area of proposed filming. The 3-day notification may be waived with the 

concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under 

this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of the 

UAS;

d. Make, model, and serial or N-Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or 

local officials to conduct the filming production event; the list of those who gave 

permission must be made available to the inspector upon request;
15

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, 

county, and/or state over which filming will be conducted and the altitudes essential to 

accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Intelligent Imagery, LLC’s UA are rotorcraft, weighing 55 lbs. or less including payload. They 

operate, under normal conditions at a speed of no more than 50 knots and they have the capability to 

hover, and move in the vertical and horizontal plane simultaneously. They will operate only within 

VLOS and only within the restrictions above and inside the manufacturer’s manuals and the MPTOM. 

Such operations will insure that the UA will "not create a hazard to users of the national airspace system 

or the public."4

Given the small size of the UA involved and the restricted sterile environment within which they 

will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial operations of UA to 

commence immediately. Also, due to the size of the UA and the restricted areas in which the relevant 

UA will operate, approval of the application presents no national security issue. 

Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, 

there is no ability or place to carry certification and registration documents or to display them on the 

unmanned aircraft. An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the UA will have immediate access to them. Also, given the 

size of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large 

a font as possible.

 

4 Reform Act Section 333(b).
16

IX. REGULATIONS FROM WHICH EXEMPTION IS NEEDED

A. 14 C.F.R. § 61.23(a) & (c): Medical Certificates

Exemption # 11221, # 11284, and many others have provided that a U.S. driver’s license 

could be used in lieu of the medical certificate provides an equivalent level of safety.

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 

61.315(a): Sport Pilot Limitations.

Exemption # 11221, # 11284, and many others have declared that there is an equivalent level 

of safety as the FAR’s by requiring the PIC to “hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate.” Likewise, Intelligent Imagery, LLC is also performing 

commercial UAS work and is asking for the same restrictions which have been previously deemed to 

provide an equivalent level of safety as the burdensome regulations. 

C. 14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot In Command.

Sub-sections 61.113(a) limit private pilots to non-commercial operations. Because the UAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to have a sport pilot license 

rather than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that 

carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. 

D. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

As there will be no airworthiness certificate issued for the unmanned aircraft, and no FAA 

regulatory standard will exist for determining airworthiness of the UA, the requirements contained in 

the manufacturer’s manuals, the MPTOM, and the restrictions already agreed to will provide an 

equivalent level of safety.

Furthermore, all of the aircraft above except for the Phantom 3 has been previously evaluated 

and deemed to have the equivalent level of safety of the regulations if operated under the restrictions 

above. Therefore, this aircraft should not be required to have an airworthiness certificate based upon 

the FAA’s previous determinations.
17

E. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. 

Because of the lack of flammable fuel, any risk associated with these operations is far less 

than those presently presented with conventional aircraft operating at or below 500 AGL. In 

addition, the low-altitude operations of the UAS will ensure separation between these small UAS 

operations and the operations of conventional aircraft that must comply with Section 91.119.

F. 14 C.F.R. § 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter 

setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to following the manufacturer’s manuals. Furthermore, many other petitions have 

been granted allowing GPS to be used in lieu of an altimeter setting.

G. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing, and, assuming normal cruising speed - (1) During the day, to fly after that 

for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."

Applicant believes that an equivalent level of safety can be achieved by restricting operations to 

“the intended operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater.” Exemption # 11284, at page 5.
18

H. 14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): Maintenance 

Inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter"5and 

others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and 

Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the 

applicant. An equivalent level of safety will be achieved because these small UAS’s are very limited in 

size and will carry a small payload and operate only in restricted areas for limited periods of time. 

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety. Lastly, the petitioner will 

operate in accordance with the manufacturer’s manuals referenced and MPTOM which will provide an 

equivalent level of safety as the burdensome regulations.

X. CONCLUSION

The operation of Intelligent Imagery, LLC using a small UAS, weighing less than 55 lbs., 

conducted under the proposed restrictions outlined above, will provide an equivalent level of safety 

supporting the grant of the exemptions requested herein. 

If I can be of any assistance to further expedite this petition, please do not hesitate to contact me 

at (561)222-6979 or at my email jon@jrupprechtlaw.com

Sincerely yours,

_____________________

Jonathan Rupprecht, Esq.

 

5

14 C.F.R. § 91.405(a).
Rupprecht Law P. A. 

324 Datura Street, Suite 200 | West Palm Beach, FL 33401 

P: (561) 222-6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com 

July 2, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE, 

West Building Ground Floor, Room W12-140,

Washington, DC 20590

RE: Intelligent Imagery, LLC (Docket FAA-2015-0878). MPTOM and Reasons Why Granting This 

Petition Will Benefit the Public.

Dear Sir or Madam:

Intelligent Imagery, LLC has confidentially submitted on July 2, 2015 its motion picture and TV 

operating manual to 333exemptions@faa.gov.

REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC INTEREST

The Petitioner intends to produce picture and video content. If the petitioner does not have the 

option of using the Petitioner’s UA, the only other way to obtain the aerial footage is by using manned 

aircraft which pose a danger to the pilot as well as individuals on the ground. There are no pilots on 

board the UA and due to the small size of the UA, there is less risk posed to the public on the ground in 

case of an emergency. Additionally, the UA has multiple motors, providing redundancy, while most 

manned aircraft have only one engine.

Manned airplanes and helicopters produce great amounts of noise pollution disrupting the quiet 

enjoyment of private property of the public on the ground. UA are much quieter and will not disrupt the 

public as much as manned aircraft; thus, the public will benefit from a reduction in noise pollution.
2

In addition to the noise pollution reduction, engine or turbine powered aircraft produce exhaust 

which affects the environment while the UA of the petitioner are electric and do not produce any 

emission. The environment and the public are benefited by the use of UA.

UA use batteries for power which are not as flammable and explosive as 100LL or Jet A. If there 

was an emergency where the UA crashed, there is less chance of individuals being injured from an 

explosion or fire. UA also use smaller propellers than manned helicopters which will cause far less 

damage in the case of a crash than the “grenading” that typically happens during a manned helicopter 

crash.

Lastly, the UA will be operated at lower altitudes than manned aircraft. Thus, the public benefits 

because the danger of a mid-air collision is lessened.

If I can be of any assistance to further expedite this petition, please do not hesitate to contact me 

at (561)222-6979 or at my email jon@jrupprechtlaw.com

Sincerely yours,

_____________________

Jonathan Rupprecht, Esq.